Federal Register of Legislation - Australian Government

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SLI 2015 No. 186 Regulations as made
This regulation amends the Aviation Transport Security Regulations 2005 to allow the operator of a prescribed air service to ‘flow forward’ checked baggage (ie send it on an aircraft that departs before the aircraft the corresponding passenger travels on) following an operational disruption to a fight that is beyond the control of a passenger.
Administered by: Infrastructure and Regional Development
Registered 17 Nov 2015
Tabling HistoryDate
Tabled HR23-Nov-2015
Tabled Senate23-Nov-2015
Date of repeal 19 Nov 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Aviation Transport Security Amendment (Checked Baggage) Regulation 2015

 

Select Legislative Instrument No. 186, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 12 November 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Warren Truss

Minister for Infrastructure and Regional Development

 

  

  


Contents

1............ Name................................................................................................... 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                                                2

Aviation Transport Security Regulations 2005                                                     2

 


1  Name

                   This is the Aviation Transport Security Amendment (Checked Baggage) Regulation 2015.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

18 November 2015

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Aviation Transport Security Act 2004.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Aviation Transport Security Regulations 2005

1  Paragraph 2.38(a)

Omit “equipment”, substitute “procedures”.

2  Paragraphs 2.38(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  procedures to ensure that the requirements of subregulations 4.21(6) and (7) are complied with before the aircraft departs.

3  Subregulation 4.21(1)

Omit “a tag that identifies the relevant flight.”, substitute:

                   a tag that:

                     (a)  identifies the relevant flight of the aircraft; or

                     (b)  if the item is carried on board the aircraft in the circumstances mentioned in paragraph (6)(d)—identifies the original flight referred to in paragraph 4.21B(b).

4  Subregulation 4.21(2)

Omit “subregulation (1)”, substitute “paragraph (1)(a)”.

5  Subregulations 4.21(5), (6), (7) and (8)

Repeal the subregulations, substitute:

             (5)  The operator of a prescribed air service commits an offence if any of subregulations (1) to (4) are not complied with in respect of every item of checked baggage that is carried on an aircraft that is operating the prescribed air service.

Penalty:  50 penalty units.

             (6)  The operator of a prescribed air service commits an offence if, before an aircraft (the departing aircraft) that is operating the prescribed air service departs, every item of checked baggage that is carried on board the departing aircraft is not matched to:

                     (a)  a passenger who is on board the departing aircraft; or

                     (b)  a passenger who was properly checked in for a flight of an aircraft that has departed; or

                     (c)  a passenger who does not re‑board, or remain on board, the departing aircraft following diversion of the flight of the aircraft from its scheduled destination to an alternative destination in a circumstance specified in regulation 4.21A; or

                     (d)  a passenger who is not on board the departing aircraft in the circumstances specified in regulation 4.21B.

Penalty:  50 penalty units.

             (7)  The operator of a prescribed air service commits an offence if, before an aircraft that is operating the prescribed air service departs, every item of checked baggage that cannot be matched to a passenger in accordance with subregulation (6) is not removed from the aircraft.

Penalty:  50 penalty units.

6  Subregulation 4.21A(1)

Omit “subparagraph 2.38(a)(ii) and paragraph 4.21(7)(c)”, substitute “paragraph 4.21(6)(c)”.

7  After regulation 4.21A

Insert:

4.21B  Circumstances relating to disruption of flights

                   For paragraph 4.21(6)(d), the circumstances are that the passenger is not on board the departing aircraft and each of the following applies:

                     (a)  the departing aircraft is operating a domestic air service;

                     (b)  the passenger was properly checked in for a flight on a different air service (the original flight);

                     (c)  the passenger was unable to travel on the original flight due to the disruption of that flight by events outside the passenger’s control.